Texas Property Code Section 202.010 (SB 398) bars Richardson HOAs from prohibiting solar panels, limiting them to reasonable aesthetic conditions.
Texas Property Code Section 202.010, enacted by SB 398 in 2011, prohibits property owners associations in Richardson from unreasonably restricting the installation of solar energy devices on owner-maintained property. HOAs may not adopt or enforce any covenant that prohibits solar panels outright, nor may they require panels to be installed in a location where output would be reduced by more than 10% from the homeowner's preferred location. Allowed HOA conditions include requiring prior architectural review approval, specifying that panels lie flush with the roof line on sloped roofs, requiring frames and visible piping to be a color matching the roof, and prohibiting ground-mount systems in front yards. HOAs may not deny panels solely for appearance, and homeowners denied approval may seek injunctive relief and attorney's fees in state court.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Richardson code enforcement directly for current fines, enforcement procedures, and hearing options.
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